When you visit a doctor, you trust that they will treat you with a reasonable level of care and help you feel better. Unfortunately, that trust doesn’t always pan out. Medical errors happen, and when they do, the consequences for patients and their families can be life-altering.

If you were harmed by a healthcare provider’s negligence in Georgia, you may have the right to file a medical malpractice lawsuit. However, these cases involve unique procedural requirements that set them apart from other personal injury claims. Read on to learn how the process works and what to expect at each stage.

What Qualifies as Medical Malpractice in Georgia?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. The “standard of care” refers to the level of treatment that a reasonably competent provider in the same specialty would deliver under similar circumstances.

Of course, not every bad outcome qualifies as malpractice. Medicine involves inherent risks, so sometimes complications arise even when proper care is provided. 

Some common examples of medical malpractice include:

  • Misdiagnosis of a serious condition
  • Surgical errors, such as operating on the wrong site
  • Medication errors, like harmful drug interactions
  • Birth injuries caused by negligent care during labor 
  • Failure to order appropriate tests 

Broadly speaking, to have a valid claim, you generally need to show that your provider did something or failed to do something that a competent professional in their position would not have done.

Georgia’s Expert Affidavit Requirement

One of the most important steps in filing a medical malpractice lawsuit in Georgia is the expert affidavit requirement under O.C.G.A. § 9-11-9.1. This statute requires you to file an affidavit from a qualified medical expert at the same time you file your complaint with the court.

The affidavit must state that at least one act of negligence occurred and that it was a contributing factor in your injury. The expert who provides the affidavit must have the knowledge and experience necessary to offer an informed opinion on the standard of care in question.

If you fail to include this affidavit when filing your lawsuit, the court can dismiss your case. This requirement makes it especially important to work with an attorney early in the process so that the right expert can be identified and consulted before your claim is filed.

The Statute of Limitations for Medical Malpractice in Georgia

Georgia law sets a legal deadline for filing a medical malpractice lawsuit. Under O.C.G.A. § 9-3-71, you generally have two years from the date the malpractice occurred to file your claim. There is also a five-year statute of repose, which means that no case can be filed more than five years after the act of malpractice, regardless of when you discovered your injury.

However, note that there are exceptions to these deadlines. For example, if a foreign object was left inside your body during surgery, the statute of limitations may not begin to run until the object is discovered. Cases involving minors may also follow a significantly different timeline.

It’s best not to assume the amount of time you have to take legal action and confirm the time limit for your case with a qualified medical malpractice attorney near you.

How Do Medical Malpractice Lawsuits Proceed?

Once your lawsuit is filed, the case will move through several stages before reaching a resolution.

The discovery phase comes first. During this stage, both sides exchange information and evidence. Depositions of medical professionals and expert witnesses may also take place.

After discovery, settlement negotiations often begin. Many medical malpractice cases are resolved through a settlement agreement without ever reaching a courtroom. However, if the defendant or their insurance company refuses to offer a fair amount, your attorney may recommend taking the case to trial.

At trial, both sides present their arguments, and a jury decides whether the provider was negligent and how much compensation you should receive. Trials can be unpredictable, but they are sometimes the only way to recover the full value of your claim.

What Damages Can I Pursue in a Medical Malpractice Case?

Georgia law allows medical malpractice victims to recover compensation for both their financial and personal losses.

Economic damages may include:

  • Medical expenses
  • Future medical care
  • Lost wages 
  • Diminished earning capacity
  • Rehabilitation and therapy costs
  • Out-of-pocket expenses 

Non-economic damages may cover:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Mental anguish and trauma
  • Loss of consortium

In limited cases involving especially wrongful conduct, punitive damages may be available, though Georgia generally caps punitive damages at $250,000 unless an exception applies

Contact the Experienced Atlanta Medical Malpractice Attorneys at The Moses Firm: Medical Malpractice Lawyers for Help Today

Medical malpractice cases are among the most complex personal injury claims you can file. Considering the expert affidavit requirement and the challenge of proving that a trained medical professional fell below the standard of care, these cases demand experienced legal representation from the very beginning.

If you were harmed by medical negligence in Georgia, you may be entitled to substantial compensation. Contact an Atlanta medical malpractice lawyer at The Moses Firm: Medical Malpractice Lawyers today for a free consultation to review the facts of your case and find out what steps you should take next.